Do I reveal all evidence I have before I file suit?
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Do I reveal all evidence I have before I file suit?
I am sending a letter of intent to file suit to the at fault driver that hit me in an auto accident. There were no injuries but my car sustained over 7000 in damages and towing fees. The drivers insurer, Allstate, denied my claim. I have complied my evidence – photos diagrams and caselaw citing. My question is, in notifying this lady of my intent to sue should I include all the evidence I plan to use including caselaw? Since her insurance company denied my claim I’m sure they will represent her in small claims court. My thought initially was – the more info I give now showing that it’s highly likely that I will win the ore likely they are to offer a settlement. I have no money for an attorney and have been researching and getting ready for court for a whole year now. Its been one of the worst years of my life. I am a single mom and I have had to walk my son to school in freezing temps and scorching heat. He misses out on so many things because he doesnt have a ride. I have lost my sense of self worth and I think if I can do this, win my case – get my car fixed, it would restore my confidence to the point I was before and help me crawl out of the darkness I have been in for the year since this happened. Any advice would be greatly appreciated
Asked on December 7, 2018 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You are not legally required in small claims to share your information with them ahead of time and are better off not: by giving them advance warning, you give them more to try to counter your case and prepare themselves. If you are proceeding pro se (no lawyer) they will likely underestimate you; surprise them in court with the depth of your preparation.
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